No transfer of business in the absence of a change in the legal personality of the business owner


In its ruling of February 22, 2023 (Case No.: 6 Sa 131/22), the Rhineland-Palatinate Regional Labor Court decided that the mere acquisition of shares in a company and the exercise of control are not sufficient to constitute a transfer of an undertaking pursuant to Section 613a BGB. Since in such a constellation there is no change in the owner of the business, the prerequisites for a transfer of business [...]